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Snapshots - Spring 2021

Published on 09 June 2021

A roundup of key legal developments for the modern commercial lawyer.

Snapshots seeks to cover everything the commercial lawyer needs to know from the previous quarter, aiming to address all the major changes affecting commercial law, from the key cases to data, digital, consumer and advertising developments.

 

Commercial cases

  • "Change in law" provisions: COVID-19 and leisure facilities. Read more
  • Commercial Court uses its freezing injunction powers in the battle to identify crypto-fraudsters. Read more
  • Penalty clause regarding IP rights harsh but not unenforceable. Read more
  • The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement. Read more
  • Confidential information and the duty to make enquiries. Read more
  • Unfair Contract Terms Directive: fairness of term containing possibility of creating a significant imbalance. Read more

Data

  • Data Subject Access Requests: High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose. Read more
  • European Commission awards draft adequacy decision to the UK. Read more
  • European Council makes progress on the ePrivacy Regulation. Read more
  • ICO resumes investigation into real time bidding (RTB) and AdTech. Read more
  • European Data Protection Board (EDPB) issues draft guidelines for data breach notification. Read more
  • DCMS publishes prototype trust framework on digital identity products and services. Read more
  • ICO launches data analytics toolkit. Read more
  • Leads Works lands £250,000 fine for sending marketing messages without consent. Read more
  • EDPB adopts guidelines on virtual voice assistants. Read more
  • UK publishes response to consultation on online harms. Read more

Digital

  • Ofcom introduces new rules protecting the mental health of those participating in TV and radio programmes. Read more
  • CMA publishes refreshed Digital Markets Strategy. Read more
  • HM Treasury publishes consultation on the regulatory approach to cryptoassets. Read more
  • The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act. Read more
  • UK authorities consider position of AI in preparation for a new “Golden Age of Tech”. Read more

Asia

The view from Asia | Data

  • Catching up: data privacy laws in Asia are changing. Read more
  • Data privacy in China: Measures for the Supervision and Administration of Online Transactions. Read more

The view from Asia | Digital

  • Singapore Court of Appeal issues landmark decision in first cryptocurrency related trial. Read more
  • Hong Kong crypto regulation: Proposed mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs). Read more

Consumer

  • Government to review the Gambling Act. Read more
  • Making online games safer by design. Read more
  • New “right to repair” regulations due Summer 2021. Read more

Advertising

  • Committee of Advertising Practice publishes guidance for marketing on TikTok. Read more
  • Avoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements. Read more
  • ASA upholds use of filters in social media beauty ads as misleading. Read more
  • ASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour. Read more
  • ASA upholds misleading “Jab & Go” claim against Ryanair. Read more
  • ASA rules “was” pricing claim by Watches of Switzerland as misleading. Read more
  • Three Mobile claim to be “the best network for data” misleading. Read more
  • DCMS begins inquiry into influencer culture and the power of influencers in marketing. Read more
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